Jury Still Out on Decriminalization of Marijuana in Connecticut
East Haven Police Department has issued about a dozen tickets under new law, allowing officers to return to other duties quicker, according to Deputy Chief John Mannion.
The jury is still out on the new marijuana decriminalization law that went into effect over the summer.
The law, which took effect on July 1, reduced possession of small qualities of marijuana or smoking paraphernalia to a violation on the order of a traffic ticket, which supporters said would free up law enforcement and judicial resources for more serious crimes.
Opponents said the decriminalization of quantities under one-half ounce would have a negligible effect, because no one was sent to prison simply for possessing a small quantity of the psychotropic weed.
The decriminalization bill passed 90-57 in the state House, but squeaked through in the state Senate when Lieutenant Gov. Nancy Wyman voted for it to break an 18-18 tie.
A Quinnipiac Poll in March said that Connecticut residents favored decriminalization by a 65 percent to 32 percent.
Statistics provided by the Office of Policy and Management, which compared marijuana arrests statewide for the July-September period in 2010 and 2011, showed that arrests are down overall, and that more than half of those during the 2011 period fell under the new law.
According to the statistics, provided by Michael Lawlor, Undersecretary for Criminal Justice Policy and Planning, there were 3,057 misdemeanor arrests for marijuana possession during the three-month period in 2010.
During the same period in 2011, there were 744 misdemeanor arrests and 1,203 decriminalized violations.
Under the old law, possession of less than four ounces or drug paraphernalia containing marijuana residue was a misdemeanor punishable by a year in jail and a $1,000 fine. Possession of more than four ounces is a felony with more serious penalties.
The decriminalization law, Public Act 11-71, reduced the penalty for possession of one-half ounce or less to a $150 fine, to a $200 to $500 fine for the second offense, and the higher fine plus referral to a drug awareness program for the third offense.
Anyone under age 21 also faces a 60-day driver’s license suspension. Penalties for possession of more than one-half ounce remain the same as before.
A person charged under PA 11-71 can mail in the fine the same as paying a traffic ticket. There is no need to appear in court.
Lawlor, who was an East Haven state representative before he was appointed to the OPM post by Gov. Dannel Malloy, said the statistics show that decriminalization has resulted in noticeably fewer drug cases taking up the time of judges and prosecutors in court.
He said most of those minor drug arrests previously would have required three or four court appearances before the offender was sentenced to a community service program.
“That’s a lot of paperwork and hassle,” Lawlor said.
Chief State’s Attorney Kevin Kane, who opposed the decriminalization law when it was debated by the Legislature earlier this year, said he hasn’t noticed any change from the decriminalization law.
“We haven’t see much difference,” Kane said. Judging by comments from prosecutors, “I haven’t heard anything that anyone else saw much difference,” he added.
Kane disagreed that the paperwork for minor marijuana possession cases had burdened prosecutors much, because the only persons sent to jail were arrested for other charges as well.
“We’re not sending people to jail for possession of marijuana alone,” he said.
The only difference noted by local police was that violators with small amounts of marijuana no longer had to be processed at the police station.
According to Deputy Chief John Mannion of the East Haven Police Department, violators are now issued a ticket and sent on their way.
Mannion said he didn’t look at that as a money-saver, but it did free up the police officer to return to other duties faster.
Although he didn’t have exact statistics, Mannion said he believes East Haven officers had issued about a dozen violations since decriminalization went into effect.
“We’re still making the same amount of arrests,” said Capt. Ronald Smith of the Hamden Police Department. “We’re just giving out infractions.”
“We’re happy with the way the law has gone forward,” said LaResse Harvey, policy director for The Better Way Foundation, which supported decriminalization.
She said decriminalization has reduced arrests for possession within 1,500 feet of a school.
Attorney Jack O’Donnell, who represents about 50 drug offenders a year at New Haven Superior Court, said decriminalization might result in an increase in arrests for intent to sell when the violator is caught with marijuana in more than one container.
He said decriminalization reduces the incentive of drug users to help the police to catch dealers, so that is an incentive for police to charge more people with trafficking.
In the case of a hypothetical marijuana dealer, “If nobody’s giving up Joe Blow’s name, then Joe Blow can operate with impunity,” O’Donnell said.
But O’Donnell said he hasn’t heard local lawyers comment that there have been fewer marijuana possession defendants since decriminalization went into effect.
donna
7:40 am on Thursday, November 3, 2011
will the car ins companies be notified of these "tickets" ? that will mean higher rates, just like a speeding ticket. life ins, etc.
Michelle Petroccio
9:46 am on Thursday, November 3, 2011
Personally, I do not believe that it should be legallized, even for medical reasons. All it will take is a few bad apples to put this into the wrong hands, and BOOM! Doctors need to find a better way to help medicate those in need.
Vincent Von Dudler
11:07 am on Thursday, November 3, 2011
First of all - it's federally illegal. Even if you wanted it banned it should be done at a state level, not a federal one. So let's end federal prohibition and empower the states. H.R. 2306 does just that it empowers the states to determine what marijuana law works best for the state. As far as state law is concerned decriminialization is a stupid idea. Legalization is what should occur. Decriminalization doesn't generate any revenue for the state except through ticketing users. This rewards those that conceal it best. When you fine people for something they don't think is a crime you breed contempt for the rule of law. Not sure what "BOOM!" you're expecting Michelle but a study's results were just published that determined legalization doesn't increase teen use. Support H.R. 2306 and empower the states to determine their own laws.
Mike Parent
8:31 pm on Thursday, November 3, 2011
Marijuana will continue to be used and distributed. So, the choice is to have the distribution through legal venues, by licensed, responsible, tax paying and law abiding business people, or by Black Market Dealers. IT IS ONE OR THE OTHER!! Obviously politicians and other ignorant people endorse the later.
The model is in place for marijuana legalization: Just treat it EXACTLY as we do alcohol. Legalization and Regulation will do more to keep marijuana out of the
Dems and reps, different pages from the same bad book!
LEAP.cc
Lance Coughlin
1:52 am on Friday, November 4, 2011
I don't think you can search a car for a criminal infraction. A judge in another state tossed out a major bust for that reason. Let the cops rip some cars and find those guns, especially in Gun Wavin' New Haven.
Richard Poulton
11:36 am on Friday, November 18, 2011
Sorry Lance, just caught up with the aricle. As to your comment about searches of vehicles, as you know every situation is different, but there are many cases through out the courts that allow for seaches w/o warrants of M/V. Most notable is US v Carroll, that eludes to the exception of the requirement of a warrant. Also, Penn v Labron, Wyoming v Houghton, US v Ludwig, and US v Johns. All advised searches w/o warrant are allowed if probable cause to believe there is evidence or contriband contained therein that takes the stop beyond the scope of the original stop.
Edward Vondle
3:40 pm on Thursday, January 26, 2012
Try to put all the bs and propaganda aside for a moment and think about this logically: it's a PLANT. It's not meth or cocaine which require processing and WILL kill you.
It's time for the US to get over itself and stop perpetuating this idiotic law and admit failure just like the alcohol prohibition.
If you want to save lives make cigarettes illegal and let us have our harmless plant with a multitude of medicinal and raw material uses.